A DUI conviction can feel like a lasting burden, one that follows you well beyond court dates and fines. It may show up on background checks, limit your access to employment, affect housing opportunities, and even create barriers in professional licensing.
Even after fulfilling every court-ordered requirement, the consequences can linger in ways that impact your daily life. But in Indiana, you may have options to reduce that impact and move forward with peace of mind. Under certain circumstances, some records can be sealed from public view, making them invisible to most employers, landlords, and organizations.
At Banks & Brower, we understand how much is at stake. Our experienced legal team has helped individuals across Indiana take meaningful steps to reclaim their futures.
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call us: (317) 870-0019Can A DUI be Expunged In Indiana
Yes, DUI records can be expunged in Indiana, but not all are eligible. Specific requirements must be met, including a waiting period and fulfilling all penalties. Expungement in Indiana means records are sealed from public access, not erased. The process varies significantly by case, making legal counsel especially valuable.
Indiana law categorizes expungement methods based on the criminal case type. For a DUI record, this helps determine the path forward:
- Category 1: Automatic Expungements for arrests or charges that did not lead to a conviction (e.g., dismissed cases).
- Category 2: All Misdemeanors (including Level 6 Felonies converted to Misdemeanors). Most eligible DUI convictions fall into this category.
Understanding your case type is crucial to identifying the right path.
Eligibility:
Not all DUI offenses are eligible for expungement in Indiana. State law prohibits expungement for those convicted of certain severe felony offenses, including:
- Homicide offenses
- Human trafficking offenses
- Sex crimes offenses
- Official misconduct
Additionally, individuals classified as sex or violent offenders, or those with two or more felony convictions involving the unlawful use of a deadly weapon (not from the same criminal episode), are excluded from expunging any felony convictions.
Typically, DUI expungement applies to individuals with a misdemeanor or a Level 6 felony reduced to a misdemeanor. For example, a single DUI conviction meeting these criteria may qualify, while multiple unrelated DUIs or a DUI involving serious injury or death likely would not.
Waiting Period:
Indiana imposes waiting periods before petitioning for expungement, as outlined in the Indiana Expungement Statutes:
- Five years for misdemeanor DUI convictions.
- Eight years for felony DUI convictions, or three years from the completion of the sentence, whichever is later.
For DUI charges that were dismissed or resulted in acquittal, shorter or even automatic expungement may apply, without a formal petition after certain timeframes.
Satisfying Penalties:
Before filing for expungement, individuals must have completed all penalties associated with their conviction. This includes:
- Payment of all fines, court costs, and restitution
- Completion of any required probation
- Fulfillment of alcohol education or treatment programs
Failure to meet these conditions may result in the denial of the petition.
Expungement Process:
The legal process for expunging a DUI record in Indiana typically includes:
- Legal Consultation: An attorney reviews your case to confirm eligibility and determine the path forward.
- Collecting Records: Gather all relevant court documents, sentencing records, and proof of compliance with obligations.
- Filing a Verified Petition: A detailed petition is filed with the court in the convicting county. It must accurately reflect your eligibility and case specifics.
- Judicial Review: The judge reviews your petition. A hearing may be scheduled if the prosecution objects or if clarification is needed.
An experienced attorney can help prevent procedural errors that could delay or jeopardize your case for those wondering, “Can a DUI be expunged?”
For convictions in a specific county, you generally have a one-time opportunity to file a single petition for all eligible convictions from that county. For multiple counties, separate petitions must be filed in each county within one year.
Court Review:
Indiana courts assess legal requirements: sentencing completion, offense severity, and prosecution objections. For certain infractions (e.g., dismissed charges, vacated adjudications, not prosecuted), courts act automatically to restrict record disclosure. However, DUI convictions generally require a formal petition and judicial review.
According to the Indiana Expungement Statutes, if the petition meets statutory standards, the judge seals the record. If automatic action was missed, or after deferral program completion, a verified non-disclosure petition can be filed.
“Second Chance Law”:
Indiana’s expungement statute is often called the “Second Chance Law” because it helps eligible individuals seal past records and access new opportunities. Can a DUI be expunged under this law? Yes, if all required conditions are met, including waiting periods and full sentence compliance.
This law aims to provide better access to employment, housing, and education, recognizing that a past mistake shouldn’t permanently define a person’s future.
Limitations:
Despite its advantages, expungement is not universally available. According to the Indiana Expungement Statutes, certain individuals are explicitly barred from seeking expungement of any felony convictions, including:
- Sex or violent offenders.
- Persons convicted of a felony resulting in another’s death.
- Those found guilty of official misconduct, homicide, human/sexual trafficking, or sexual crimes.
- Persons with two or more felony convictions involving unlawful deadly weapon use not from the same criminal episode.
Even when a DUI is expunged, it may still be used in certain legal proceedings, such as enhancing penalties for future offenses, during license-related administrative hearings, or by law enforcement.
Call us to schedule a consultation.
DUI Expungement Laws
| State | Adult Expungement? | Juvenile Expungement? | Felony or Misdemeanor | Nonconviction Sealing? | Code Section |
|---|---|---|---|---|---|
| Alabama | Not available | Yes, petition 5 years after 18 | NaN | Yes | Ala. Code § 15-27-1 |
| Alaska | No | Auto-sealed unless tried as adult | NaN | Yes, if mistaken identity/false accusation | Alaska Stat. § 12.62.180(b) |
| Arizona | No (set aside available) | Not available | Both | Yes | Ariz. Rev. Stat. § 13-905, § 13-911 |
| Arkansas | Yes (1st-time misdemeanor DUI) | Available | Both, if no injury | Yes | Ark Code Ann. § 16-90-1401 et seq |
| California | Yes (post-sentence) | Available | Both | Yes | Cal. Penal §§ 17(b), 1203.4 |
| Colorado | Not available | Not available | NaN | Yes | Colo. Rev. Stat. § 24-72-308 |
| Connecticut | Yes (pardon) | Yes (if no felony) | Misd: 3 yrs; Fel: 5 yrs | Yes | Conn. Gen. Stat. § 4-142a |
| Delaware | No (pardon only) | Not available | Misdemeanors (pardon) | Yes | 11 Del. Code § 4371 et seq. |
| District of Columbia | Not available | Not available | NaN | Yes (petition for innocence) | D.C. Code § 16-801 et seq |
| Florida | Not available | Auto-sealed at 21 | NaN | NaN | Fla. Stat. §§ 943.0585, 943.059 |
| Georgia | Not available | Not available | NaN | Public access may be restricted | Ga. Code § 35-3-37 |
| Hawaii | Not available | Certain DUI charges may be expunged | NaN | Yes | Hawaii Rev. Stat. § 831.3.2 |
| Idaho | No (dismissal available) | Misdemeanor only | Both (once) | Yes | Idaho Code 19-2604 |
| Illinois | Not available | Available if under 18 | NaN | Yes | 20 ILCS 2630/5.2(b) |
| Indiana | Yes | Available | Misd: 5 yrs, Fel: 8 yrs | Yes | Ind. Code § 35-38-9-6 |
| Iowa | Not available | Not available | NaN | Yes | Iowa Code §§ 901C, 907.3 |
| Kansas | Yes (1st DUI, 5 yrs) | 23+ or 2 yrs post-sentence | Both | Yes | Kan. Stat. Ann. § 21-6614 |
| Kentucky | Yes (10 yrs post-misd.) | Available | Misdemeanor | Yes | KRS 431.078 |
| Louisiana | Yes | Available | Misdemeanor | Yes | La. C.Cr.P. Art. 977 |
| Maine | No (pardon only) | Sealing in limited cases | NaN | Yes (confidential) | 15 M.R.S. § 3308-C |
| Maryland | Not available | Not available | NaN | Yes | Md. Code, Crim Pro § 10-105 |
| Massachusetts | Not available | May request sealing | NaN | Yes | MA Gen Laws Ch 276 §§ 100A-C |
| Michigan | Yes (1st OWI) | May request sealing | Misdemeanor (5 yrs) | Yes | Mich. Comp. Laws § 780.621c |
| Minnesota | Yes (with wait) | Available | Misdemeanor | Yes | MN Stat. §609A.02 |
| Mississippi | Yes (1st, BAC < 0.16) | Available | Misdemeanor | Yes | Miss. Code Ann. § 99-19-71 |
| Missouri | Yes (1st after 10 yrs) | 21+ or 2 yrs post-sentence | Misdemeanor | Yes | Mo. Rev. Stat. § 610.130 |
| Montana | Yes (once) | Available | Misdemeanor | Yes | MT Code Ann. § 46-18-1104 |
| Nebraska | No (pardon/set-aside only) | Auto-sealed at 18 | Misdemeanor | Yes | Neb. Rev. Stat. §§ 29-2264, 29-3523 |
| Nevada | No (sealing after 7 yrs) | Auto-sealed at 21 | Misdemeanor | Yes (immediate) | Nev. Rev. Stat. §§ 179.245, 179.285 |
| New Hampshire | Yes (annulment, 10 yrs) | Available | Both | Yes | N.H. Rev. Stat. § 651-C:5 |
| New Jersey | Not available | Not available | NaN | Yes (immediate) | N.J. Stat. § 2C:52-28 |
| New Mexico | Not available | Not available | NaN | Limited cases only | N.M. Stat. § 29-3A-5 |
| New York | Not available | Auto-sealed | NaN | Yes | N.Y. Crim. Proc. Law § 160.59 |
| North Carolina | Not available | Not available | NaN | Yes | N.C. Gen. Stat. §§ 15A-145, 15A-146 |
| North Dakota | Sealing allowed (once in 7 yrs) | Auto-expunge 10 yrs or age 18+ | Misdemeanor | Yes | N.D. Cent. Code § 39-08-01.6 |
| Ohio | Not available | Not available | NaN | Yes (dismissed charges) | Ohio Rev. Code 2953.32 |
| Oklahoma | Yes (limited) | Limited cases | Both | Yes | 22 Okla. Stat. § 18 |
| Oregon | Not available | Set aside/expungement possible | NaN | Yes | Or. Rev. Stat. § 137.225 |
| Pennsylvania | Yes (ARD, age 70, or death) | Available | Misdemeanor | Yes | 234 Pa. Code Rule 320 |
| Rhode Island | Yes (1st offense) | Records confidential | Misd: 5 yrs; Fel: 10 yrs | Yes | R.I. Stat. §§ 12-1.3-1 to 12-1.3-4 |
| South Carolina | No (pardon only) | Not available | NaN | Yes | S.C. Code § 17-22-910 |
| South Dakota | Yes (10 yrs/age 75/death) | Available | Misdemeanor (10 yrs) | Yes | S.D. Stat. § 23-6-8.1 |
| Tennessee | Not available | Not available | NaN | Yes | Tenn. Code Ann. §§ 40-32-101, 37-1-146 |
| Texas | Yes (DWI nondisclosure) | Certain cases only | Misdemeanor | Yes | Tex. Gov. Code § 411.0726 |
| Utah | Yes (10 yrs post-sentence) | Available | Misdemeanor | Yes | Utah Code § 77-40a-303 |
| Vermont | Yes (1st offense, 10 yrs) | DUI under 25 can be sealed | Misdemeanor | Yes | 13 V.S.A. § 7601 et seq., 33 V.S.A. § 5119 |
| Virginia | No (only with pardon) | Auto-expunged at 19+5 yrs | NaN | Yes | Va. Code § 19.2-392.2; § 16.1-306 |
| Washington | Not available | May apply to seal | NaN | Yes | Wash. Stat. § 9.96.060 |
| West Virginia | Not available | Limited cases | NaN | Yes | W. Va. Code §§ 49-5-103, 61-11-25 |
| Wisconsin | Yes (under 25 + conditions) | Available | Misdemeanor | Yes | Wis. Stat. § 973.015 |
| Wyoming | Yes (5 yrs post-sentence) | Available | Misdemeanor | Yes | Wyo. Stat. §§ 7-13-1501, 14-6-241 |
When I represent a client I not only look to get them the best possible outcome I can on their case, I also try to help them in all other aspects to make sure they are getting back on track in hopes that they don’t have to deal with the criminal justice system again. We insist that our attorneys provide excellent communication and I strive to be an example of that to the attorneys that work for me in my firm. I want all my clients to know I’m here for them and to feel comfortable that if they have an question or concern about their case it will be addressed.
ContactBrad Banks
Don’t Let a DUI Define Your Future—Take Control Today
Your past DUI doesn’t have to define your tomorrow. Understanding if a DUI can be expunged is the crucial first step, but the process is complex, and errors can have lasting consequences. Your unique situation demands professional guidance.
At Banks & Brower, we specialize in Indiana DUI expungement laws. We offer seasoned expertise to assess your eligibility, meticulously draft your petition, and provide end-to-end legal support, ensuring your rights are protected and paving the way for your fresh start. Call us at (317) 870-0019. Schedule a confidential consultation to move past a DUI.
Contact your DUI lawyer in Fishers.
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Banks & Brower is an Indianapolis-based firm focusing in criminal defense, personal injury, and family law. With over 80 years of combined legal experience, we bring valuable knowledge and insights to every case. Our clients face challenges such as major felony charges, DUIs, and sex crimes. We listen carefully to every client and craft personalized strategies to achieve the best possible outcomes. Banks & Brower is the law firm Indianapolis residents trust in times of need. 
